United States v. De Jesus Torres Ponce ( 2021 )

Case: 20-50845 Document: 00515797559 Page: 1 Date Filed: 03/26/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
March 26, 2021
No. 20-50845
Summary Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Manuel De Jesus Torres Ponce,
Defendant—Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:18-CR-758-4
Before Davis, Stewart, and Ho, Circuit Judges.
Per Curiam:*
Manuel De Jesus Torres Ponce appeals the 87-month sentence
imposed following his guilty plea for conspiring to import five kilograms or
more of cocaine. The Government requests that the appeal be dismissed
pursuant to the appeal waiver in Torres Ponce’s plea agreement. Torres
*
Pursuant to 5th Circuit Rule 47.5, the court has determined that this
opinion should not be published and is not precedent except under the limited
circumstances set forth in 5th Circuit Rule 47.5.4.
Case: 20-50845 Document: 00515797559 Page: 2 Date Filed: 03/26/2021
No. 20-50845
Ponce’s opening brief did not address the waiver, and he has not filed a reply
brief responding to the Government’s argument.
We review de novo whether an appeal waiver bars an appeal. United
States v. Keele, 755 F.3d 752, 754 (5th Cir. 2014). Torres Ponce’s waiver was
knowing and voluntary as the record shows that he knew he had the right to
appeal and that he was giving up that right by entering the plea agreement.
See United States v. Higgins, 739 F.3d 733, 736 (5th Cir. 2014). Also, the
waiver plainly applies to his challenge to his sentence. See id. Counsel for
Torres Ponce is cautioned that pursuing an appeal contrary to a valid waiver
and without responding to the Government’s invocation of the waiver is a
needless waste of judicial resources and could result in sanctions. See United
States v. Gaitan, 171 F.3d 222, 223-24 (5th Cir. 1999).
The appeal is DISMISSED.
2